Os efeitos da soberania dos vereditos na definição do momento inicial de cumprimento das penas impostas pelo tribunal do júri

Abstract

Jury trials have presented themselves in history as an important instrument for the consolidation of democratic processes, because they are a tribunal for which the people are summoned to discuss and directly judge facts that have occurred in their community. With the intention of strengthening the institution after a dictatorial period, the Brazilian Constituent Assembly rescued the sovereignty of the verdicts, and raised the institution and its characteristics to the level of a fundamental clause. The present work intends to investigate how the sovereignty of the verdicts impacts on the legal procedure of the intentional crimes against the life to the point of redefining the initial moment of compliance to the sentence. It will be discussed the possibility of forming a partial claim preclusion in relation to the criminal responsibility of the defendant, in face of the subjectively complex nature of the condemnatory sentence of the Jury procedure. From a constitutional hermeneutic based on Robert Alexy’s theory of fundamental rights, a balancing of principle will also be proposed to justify the immediate enforcement of sentences pending appeals from the first or second instance marks. In addition, considering the need to justify such a rupture with a established doctrinal precedent and established jurisprudence, this dissertation will seek to legitimize its theoretical constructions from a supralegal perspective of criminal policy.